NAFEES @ SONU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anand Kumar Srivastava, learned counsel for the applicant , Sri Utsav, learned counsel for opposite party no.2 and Sri Pankaj Kumar, learned A.G.A. for the State.

(2.) Learned counsel for the applicant submits that he has filed the instant application under Sec. 528 BNSS with the relief which has been mentioned in the prayer clause of the application. The relief which has been mentioned in the application is delineated below:-

(3.) Learned counsel for the applicant submits that opposite party no.2 has lodged an FIR on 1/6/2023 against six accused persons including the present applicant. The FIR was registered as Case Crime No.117 of 2023 under Ss. 342, 343, 365, 395, 419, 420, 467, 468, 471, 506, 34 IPC, P.S. Machhli Shahar, District-Jaunpur and after investigation chargesheet was submitted before the Court on 27/11/2023 under Sec. 342, 343, 365, 395, 419, 420, 467, 468, 471, 506, 34, 412 IPC. Thereafter, the Judicial Magistrate passed cognizance-cum-summoning order and thereafter, committed the case to the Court of Sessions but yet charge has not been framed. Learned counsel for the applicant submits that he has not challenged the chargesheet as well as cognizance-cum-summoning order rather he has challenged the entire proceedings of the criminal case in this application, which is pending before the Sessions Judge and yet charge has to be framed therein. He further submits that the allegation against the present applicant is of preparing a forged power of attorney of mother of opposite party no.2. He further submits that the applicant is innocent, he has not committed any offence as alleged in the FIR and he has been implicated in this case due to some ulterior motive. He further submits that the dispute between the parties is purely of civil nature and for the same a civil suit is already pending before the competent court. He further submits that opposite party no.2 has tried to give criminal colour to a matter which pertains to civil nature, just to harass the applicant.